# City of Palmer

## City Charter

### Preamble

We the people of Palmer, in order to obtain the benefit of home rule and to seperate the legislative, executive functions of government, do, in accorance with the United States Constitution & the North Carolina Constitution and laws of the land, adopt, ordain and establish as our Charter and form of government, this City of Palmer Charter.

# Table of Conents

## DEFINITIONS
### Article I - CREATION OF MUNCIPIAL AND POWERS OF GOVERNMENT

#### § 1.01 Corporate name and boundaries
#### § 1.02 General Powers of the City
#### § 1.03 Citizens' Bill of Rights
#### § 1.04 Severability Clause.
#### § 1.05 General Muncipial Policy
#### § 1.06 Affirmation of Oath of Office
#### § 1.07 Holding other office or employment

### ARTICLE II - LEGISLATIVE BRANCH: CITY BOARD

#### § 2.01 Composition, terms, and qualifications to serve
#### § 2.02 City Board Meetings, rules, and voting.
#### § 2.03 Non-interferance in the Administrative Branch
#### § 2.04 Oversight of the Muncipial-level agencies
#### § 2.05 Records and codification

### ARTICLE III - ADMINISTRATIVE BRANCH: CITY MAYOR & ADMINISTRATION

#### § 3.01 Establishment of Administrative Branch: composition
#### § 3.02 City Mayor, and their office
#### § 3.03 Powers, functions, and duties of the City Mayor
#### § 3.04 Administrative organization

#### ARTICLE IV - PUBLIC SAFETY & AGENCIES
Part 1
#### § 4.01 Police Department
#### § 4.02 Fire Department
#### § 4.03 Transit Authority
#### § 4.04 Parks Service

### Article V - ELECTIONS

#### § 5.01 Establishment of the Palmer Commission of Elections
#### § 5.02 Clerk of the City
#### § 5.03 Notice of Candidacy

# Definitions

For the purposes of this Charter, the following terminology shall be defined as below:

Administrative Branch: The City Mayor, city department heads, and their employees

Agency: A Division of the Muncipial, County, or State Government established by the City Board, County Commissioners or State Assembly

Charter: The Document contained herein

Chartered Officers: The Chief of Police, The Colonel of the State Troop, and the Director of the Peace Officer State Training

United State Constitution: The Founding Document of the Union

North Carolina Constitution: The Founding Document of the State

City Board: A seven-member board, elected by the people to represent them in the Muncipial Government

City Code: The Code of Ordinaces of City of Palmer as may be amendmed by time to time.

City Department Head: The Heads of the City Agencies

Department: A Division of the Muncipial Government established by the City Board.

Legislative Branch: The City Board

Muncipiality: A town or city within Guilford County.

Peace Officer: Any police, sheriff, state police, or fire department member tasked with public safety.

Person: A Citizen of the United Sates of America.

Public: Citizens, residents, and businesses that reside of transact buiness within the City.

Quorom: Unless stated otherwise, a quorom is the majority of the total membership of the specific body in question.

# Article I. - CREATION OF THE MUNCIPIAL & POWERS OF GOVERNMENT

§ 1.01 - Corporate name & boundaries

(a) A polticial subdivision is hereby created within the United States to be known as Guilford County, City of Palmer
(b) The City's seat is the City of Palmer, and the boundaries of the City are set by the State Assembly

§ 1.02 - General powers of the Muncipiality

(a) Unless provided to be different in this Charter, the City shall have all powers of a local self-government not inconsistent with the United States Constitution & North Carolina Constitution, general law, or with special law approed by a vote of the electors and this Charter.

(b) All powers of the City shall be carried into execution as provided by this Charter or, if the Charter makes no provision, as by the Constitution and laws of the United States of America & State of North Carolina

(c) This charter shall hereby establish the basic seperations of the Legislative Branch & the administrativ functions of the Muncipial Government

(d) The County shall have the authority to accept a transfer of a function or obligation upon the request of the City or it's affiliated agencies & departments.

§ 1.03 - Citizens' bill of rights

(a) Public Records : Each person shall have the right to access City records. Records shall be maintained and available for public viewing at any time or when requested. The City Clerk shall have the powers to maintain all public records of the City.

(b) Right to the Heard : Any Citizen has the right to be heard and appear before the City Board for the presentation, adjustment or determination of a public issue, matter, or request within the Municipialitys juridstictions. Matters shall be scheduled for the convicence of the public. The City may establish temporary reasonable regulations per public heearing including the limiation of time the public may speak on any of the above topics.

(c) Right to Notice : The City shall provide a notice to the person(s) entitled to notice of a hearing by the City Board. The notice shall & must in full include a time, place, and nature of the scheduled hearing. The City must provide copies of proposed ordinances and resolutions at a time before a hearing unless the matter in the above involved a adoption of a emergency ordinance or resoulution.

§ 1.04 - Severability Clause

(a) In the event any section of part be declared unconstitutional to the US Constitution or the State Constitution by the Courts or Supreme Court, the validity of the remaining sections and part of the section shall not be declared nor affected thereby.

§ 1.05 - General Count policy

(a) The Administration and or City Executive of the City of Palmer shall be nonpolitical, with the economy and good service as its aim and purpose. All appointments are to be made solely upon merit and ability. It is the itnent of the City of Palmer and it's residents tat it's officers, public officials, and employees of Palmer adhere to high levels of ethical conduct so that the public will adapt to a level of high confidence that persons in posititions of public responsibility are acting in the fullest intentions to benefit the people and not themeselves. It is therefore that Official Misconduct be established by this charter in the "City Code" and be encoded as an ordinance.

§ 1.06 - Oath of Office

(a) It is therefore established that before assuming the duties of the office, every officer elected or appointed and subscribe before a Judge of a Court of Record, an oath or affirmation supporting the Constitution of the United States & Nort Carolina, the Charter and ordinances of the City, and indicating that the Officer will faitfully perform the duties of the office, per section 13.03 of this Charter. It is therefore that if a Officer breaks their Oath of Office to be fined with Official Misconduct as listed in § 1.05 as well for the City Board to begin proper procedure of removal from office.

§ 1.07 Holding other office or employment

(a) Public Office is defined as the following
- City Mayor
- City Boardsman
- Clerk of the City

(b) Those who are holding public office or employment in any other areas that will affect their abiliy to serve shall have a total of (24) hours to resign from their previous employment to serve
(c) Those employed in public safety offices listed in **ARTICLE III** shall have a total of (24) hours to resign from said employment.

# Article II. - LEGISLATIVE BRANCH : THE CITY BOARD

§ 2.01 Composition, terms, and qualifications of members.

(a) The City Board comprises the Legislative ranch of county government empoered to enact ordinances and resolutions ad t take action that would be consistent with the this Charter and that it is in the best light and interest of citizens of palmer for a healthy, safe and welfare of it's Citizens

a. The City Board shall be composed of ten (10) members, elected by the people in a nonpartisan way.
i. Members of the CIty Board shall be elected to serve on the Board for a total of three (3) years.

b. Members of the Board shall be held to the following qualifications in order to be elected without inconsistent issues in their term.
i. holding citizenship of the United States for atleast ten (10) years
ii. Holding citizenship of the North Carolina for atleast five (5) years
iii. Must have zero or any felony arrests on record within the United States of American & The State of North Carolina

c. In the event of a vacancy on the board during a term, the City Clerk shall notify the Palmer Election Commission to hold a special election to finish the ongoing term.
i. Shall the term end in less then thirty (30) days the City Clerk shall not inform the Palmer Election Commission and the Commission shall not hold a election for the vacancy but hold it until the next election.
d. In the event of a loss of confidence of a Board Member the Citizens may request a "no confidence" petition against the member.
i. The petition shall gain a total of 2000 signatures in order to trigger a no confidence motion witin the Board.
ii. THe Board shall vote with a simple three-fifths majority that the member be removed and or expelled from the board.

§ 2.02 - City Board Meetings, rules, and voting

(a) The City Board shall meet a total of three (3) times a month at times and places prescibed by the City Board. Special or emergency sittings shall be held if it is to be declared necessary by the presiding officer or two or more city board members.

(b) The City Board is reponsible for deermining its own rules and order of business
i. At the beginning of a new Board after the old one has dissolved due to elections the board shall temporarily use "Masons Manual of Legislative Procedure" until the board adopts their own procedures.

(c) the Board may place any item on the agenda for any sitting according to the rules adopted by the Board.

(d) The City Mayor shall be responsible for presiding over the Sittings.
(a) The City Mayor shall be responsible of picking a "mayor-pro-tempore" to preside over sittings in the absence of the presiding officer with the consent of the City Board.

(e) Only in the event of tie may the presiding officer break the tie and vote on the legislative to break the tie.

(f) The City Mayor may veto ordinances, motions, or proclamations, but the City Board with a simple 3/5 majority voting in the affirmative, override said veto and it shall go into effect.

§ 2.03 - Non-interferance in the Administrative Branch

Except for formal inquiries and investigations, the City Board is not allowed any control or authority over the City Mayor, the City Department Heads nor their employeees without the express consent and permission of the city mayor. Nothing in this said provision is to be construed as a prohibition of members of the Board from scrutinizing, observing, or revieiwng the operations of a City entity. It is the intention of this following provision that the Board wll not be allowed to interfere with day-to-day operations of the City Mayor, Department Heads & Agencies, and their employees however to send recommendations to the above and titled for improvement of operations to the executive or the entitled above.

§ 2.04 - Oversight of Muncipial Level Agencies

(a) The City Board shall have zero authority over muncipial level agencies provided in ARTICLE III - PUBLIC SAFETY & AGENCIES
(b) The City Board shall not have authority of muncipial department heads and their employeees.
(c) The City Board shall only give recommendations to the City Mayor or it's respective department head for improvement.

§ 2.05 - Records and codification

The City Board shall rpovide, through the Ciy Clerk, the records of all meetings, voting records, ordinances & resoulutions passed or ordinances & resolutions failed through a sitting. This shall be public record and shall fall under §1.03(b). Adding on the Board shall also preserve & maintain all codificaions of all ordinances on a document. They shall provide the Clerk of the City with a document on what to codiy.

# ARTICLE III - ADMINISTRATIVE BRANCH : CITY MAYOR AND ADMINISTRATION

§ 3.01 - Establishment of Administrative Branch: composition

The Administrative Branch also known as the "exective branch" and the "city executive" is hereby established in these provisions. The City Executive is authored by actions of the City Board and this city charter to impelement policies and decisions of the oard in a manner that is cosnsisent with the City Charter and is in the best interests of the health, safety, and welfare of it's citizes. The Administrative Branch is composed of a city executive also known as a "city mayor", the citys department & agency heads, and their employees.

§ 3.02 - City Mayor and the Office

(a) The Mayor is elected by the people to represent the City as a whole
(b) The City Mayor shall have a term of four (4) years.
(c) Qualifications ae the following:
i. The City Mayor must hold citizenship within the United States of America
ii. The City Mayor must hold citizenship within the State of North Carlina
iii. The City Mayor must have resided in the State of North Carolina for a total of (4) years before election.

(d) In the case of a absence or a point of interest that may not allow the executive to perform duties is listed below:

i. The City Executive shall make a notice of absence to the City Board
ii. The City Executive shall make a designation of one of their departmental heads to lead the City in the time of their absence
iii. Shall the City Executives leave of absence exceed of (8) months the departmental head shall assume the role of City Executive until a special election begins
iiii. Shall the City Executive pass away and be deceased the City Board shall vote a new Mayor whom is inside the Board to assume the duties of City Executive until a election is set by the Elections Commission.

(e) In the case of a loss of confidence of the City Executive

i. Shall the City Board loose confidence in the City Executive the City Board may opt in for a motion of no confidence
ii. With a simple 2/3 majority the board shall have assumed the executive from the office.
iii. Upon the removal the Board shall follow the same procedures as listed in §3.02 (d)(iiii)

§ 3.03 Powers, functions, and duties of the City Mayor

(a) The Executives Power shall have the powers to preside over the City Boards meetings in order to make sure the rules of the Board are enforced.
(b) The Mayor shall also enforce that the charter is also be followed and that ordinances and more are executed by the City Executive
(c) The City Executive shall have the power to nominate someone to lead a department or agency and move the nomination to the Boards Agenda.
i. Nominations are not appointment and nominations must have explict consent from the board.
(d) The Executives Functions may not be changed by the Board unless the citizens of the city make a petition to make amendments to the executives functions.
(e) The Executive shall be allowed to suspend or remove department & agency heads with the support of 2 boardsman.
(f) The Executive shall nominate a person to the Office of the City Clerk and have the board give consent.

§ 3.04 Administrative Organization

Persuant to § 3.03 all departments & agencys of the City of Palmer are administered and overseen by the person nominated by the Executive to lead said department & agency. These department heads are provided in the provisions listed in § 3.03. Any State-level agencies operating within the City shall be overseen by the Executive temporary whilst in the City.

# ARTICLE IV - PUBLIC SAFETY & AGENCIES

§ 4.01 - City Police Department

a. The Police Department shall have leadership consisting of Chief of Police, Deputy Chief of Police and the Assistant Chief of Police.
b. be composed of the Chief of Police, who shall be nominated by the City Mayor, with the advice and consent of the City Board, and such subordinate police officers appointed by the Chief as may be necessary to preserve peace, protect persons and property, and enforce laws
c. be the duty of the police force to supress all civil disturbances such as riots or breaches of civil peace and apprehend any and all persons in the act of committing any offense against the laws or of the ordinances, and forthwith bring such persons before the proper cort of other competent authorty for examination, and at all times diligently and faithfully enforce all such laws, ordinances, and regulations for the preservation of good order and the public welfare as the City Board may enct, and upon due and reasonable suspicoun arrest any person or persons who may be guilty of a breach of ay of the ordinances or of any crime against the County or the United States.

§ 4.02 - Fire Department

a. The Fire Department shall be composed of the City Fire CHief, who shall be nominated by the City Executive or the Commissioner of the Guilford County Fire & Rescue, as may be necessary to protect the City against fire and to provide other emergency services as such desginated by this Charter and Ordinances of the City of Palmer.

$ 4.03 - Transit Authority

a. The Transit Authority shall be an independnet agency under the supervision of the North Carolina Department of Transportation and led by a Director. The Director shall be responsible of overseeing day to day operations of the Transit Authority and making sure it is able to operate. The Transit Authority is responsibe of maintaining free & public transportation to the Citizens of Palmer. THe Director of the Transit Authority may be nominated by the Secretary of the NC Department of Transportation and approved by the City Board.

§ 4.04 Parks Service

a. The Parks Service shall be directed by a Superintendent and shall be nominated by the City Executive and approved by the City Board. THe Parks Service shall be charged of the protection, security and maintenance of the city's recreational activitys, parks and mounments or other historical properties with various title title designations by the City Board via ordinance or by State Law. The Parks Service shall perform duties such as prescribed by this Charter and Ordinances as well duties prescribed by the City Mayor.

# ARTICLE V - ELECTIONS

§ 5.01 - Establishment of the Palmer Election Commission

a. The Commission shall be responsible of administering elections for the City Executive, City Board, and more.
b. The Commission shall be composed of (8) to review ballots and votes and to certify results.
c. The Commission shall be nominated by the City Mayor and given consent by the City Board

§ 5.02 - Clerk of the City

a. The Clerk of the City shall be responsible of informing the Commission of a vacant seat in the government.
b. The Clerk shall be responsible of giving a notice to the Citizens that a seat is vacant.

§ 5.03 - Notice of Candidacy

a. Persons interested in running for Public Office are to inform the Clerk of the City of their intentions but must make sure they meet qualifications for office.